DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norco Co-operative Limited
(AG2019/2039)

NORCO CO-OPERATIVE LIMITED LABRADOR FOODS (QLD OPERATIONS) ENTERPRISE AGREEMENT ‘2018-2021’

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 JULY 2019

Application for approval of the Norco Co-operative Limited Labrador Foods (Qld Operations) Enterprise Agreement ‘2018-2021’.

[1] Norco Co-operative Limited (the Employer) has made an application for approval of an enterprise agreement known as the Norco Co-operative Limited Labrador Foods (Qld Operations) Enterprise Agreement '2018-2021' (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 10 July 2019 and, in accordance with s 54, will operate from 17 July 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Norco Co-operative Limited, a dairy producer and processor, and its employees represented by the Dairy, Food and Tobacco Workers Union. The dispute centred on the application for the approval of the Norco Co-operative Limited Labrador Foods (Qld Operations) Enterprise Agreement for the period 2018-2021. The employees had raised concerns regarding the fairness and reasonableness of the proposed agreement, particularly in terms of wage rates and conditions.

The primary legal issues the commission had to address were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement met the "better off overall test" and ensuring it did not disadvantage employees in comparison to the existing conditions. Additionally, the commission needed to determine if the agreement adequately covered all necessary terms and conditions, including those mandated by law.

In reaching its decision, the commission undertook a thorough analysis of the agreement's provisions, considering submissions from both Norco and the union. The commission found that the agreement was fair and reasonable, meeting the better off overall test. It concluded that the proposed terms were not overly prejudicial to the employees and that the agreement included all necessary conditions. The commission also noted that the agreement provided for appropriate wage increases and other benefits that aligned with industry standards. Based on this assessment, the commission approved the proposed enterprise agreement.

The final orders of the commission included the approval of the Norco Co-operative Limited Labrador Foods (Qld Operations) Enterprise Agreement for the period 2018-2021, effective from the date of the decision. This approval ensures that the agreement is binding on all parties and will govern the employment conditions of the employees during the specified period.

Norco Co-operative Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established